ML20248C715

Submits Consent to Confirmatory Order Modifying License NPF-3 Re Resolution of Thermo-Lag 330-1 Fire Barrier Issues. Licensee Agrees to Incorporate,For Clarity & Accuracy,Only Relevant Commitments Contained in Listed Ltrs

ML20248C715
Person / Time
Site:	Davis Besse
Issue date:	05/18/1998
From:	Jeffery Wood CENTERIOR ENERGY
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
2537, TAC-M85542, NUDOCS 9806020232
Download: ML20248C715 (3)

Text

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y .-4 Davis Besse Nuclear Power Station

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419-249-2300

.lohn K. Wood Fax: 419-321-8337 Vice President - Nuclear l'

Docket Number 50-346 License Number NPF Serial Number 2537 May 18, 1998 United States Nuclear Regulatory Commission Document Control Desk Washington, DC 20555-0001

Subject:

Consent to Confirmatory Order Modifying Operating License NPF-3 Regarding Resolution of Thermo-Lag 330-1 Issues (TAC No. M85542)

Ladies and Gentlemen:

By letter dated May 4,1998 (Toledo Edison (TE) Log Number 5260), the Nuclear Regulatory Commission (NRC) requested consent to issuance of a Confirmatory Order Modifying License

(" Order") for the Davis-Besse Nuclear Power Station (DBNPS), Unit Number 1 Operating License Number NPF-3. The proposed Order pertains to completion of final implementation of Thermo-Lag 330-1 fire barrier actions at the DBNPS.

In response to the NRC's May 4,1998 letter, I, John K. Wood, Vice President - Nuclear, Davis-Besse Nuclear Power Station, Unit No.1, hereby agree on behalf of the Toledo Edison Company, Centerior Service Company, and the Cleveland Electric Illuminating Company (the licensees) that the licensecs will comply with the following commitment:

The Toledo Edison Company, Centerior Service Company, and the Cleveland Electric Illuminating Company (the licensees) shall complete final implementation of Thermo-Lag 330-1 fire barrier corrective actions at the Davis-Besse Nuclear Power Station, Unit No.1, by December 31,1998, as described in the licensees' submittals to the NRC dated February 20,1996, April 24,1996, June 26,1996, November 5,1996, and September 10, 1997, and as preseW at the licensees' meeting with the NRC staff on April 3,1997, as

- documented in the NRC meeting summary dated April 16,1997.

As the NRC is aware, the DBNPS is approximately 90% complete with its program to eliminate its reliance upon Thermo-Lag 3301 1 as a fire barrier material. This major effort involves a combination of circuit modifications, fire hazards reanalysis, and installation of alternate fire NO barrier materials. The DBNPS has had periodic communications with the NRC staff to keep the

. NRC apprbed of the status of this effort. It is anticipated that remaining activities (fire testing o

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4 , NI Docket Number 50-346 License Number NFF-3 i

- Serial Number 2537 Page 2 and physical modifications) will be completed by the DBNPS by December 31,1998, consistent with the completion date originally provided to the NRC in its February 20,1996 letter (TE Serial Number 2358), and later provided during an April 3,1997 meeting with the NRC staff.-

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. The May 4,1998 NRC letter made reference to Toledo Edison letters dated April 16,1993 (TE l Serial Number 2132), February 11,1994 (TE Serial Number 2201), December 8,1994 (TE Serial Number 2258), March 22,1995 (TE Serial Number 2282), June 13,1995 (TE Serial Namber 2298), November 8,1995 (TE Serial Number 2339), February 20,1996 (TE Serial Number 2358), June 26,1996 (TE Serial Number 2381), and November 5,1996 (TE Serial Number 2410). The May 4,1998 NRC letter also made reference to the April 3,1997 TE/NRC meeting documented in the NRC meeting summary dated April 16,1997 (TE Log Number 5041),

wherein the NRC concluded that "'he licensee is applying appropriate management attention to the Thermo-Lag issues at Davis-Besse, making progress towards the overall resolution of the issues, and has established an acceptable schedule."

The proposed wording of the Order, as provided in the enclosure to the May 4,1998 letter, confirms this completion schedule and includes references to each of the above letters. Toledo Edison notes, however, that many of these referenced letters contained descriptions of actions (particularly those described in letters prior to the February 20,19% letter) that were planned at the time of submittal, but have since become moot because they were revised or superceded as described in the later referenced letters. Toledo Edison also notes that the list ofletters is not entirely comprehensive in that relevant letters were omitted: (1) an April 24,1996 letter (TE Serial Number 2373), which updated the NRC on plans regarding Thermo-Lag installations in the containment annulus; and (2) a September 10,1997 letter (TE Serial Number 2474), which notified the NRC of completion of activities regarding the Thermo-Lag ampacity issue.

As discussed with the NRC staff during a telephone conference call on May 8,1998, Toledo Edison agrees to incorporating, for clarity and accuracy, only the relevant February 20,1996, April 24,' 1996, June 26,1996, November 5,1996, and Septembcr 10,1997 letters as commitments into a Confirmatory Order Modifying the Operating License. I understand that the Order will be effective immediately upon issuance. I also recognize that by signing below, the Toledo Edison Company, Centerior Service Company, and the Cleveland Electric Illuminating Company (the licensees) consent to the issuance of such an Order incorporating the' above commitment, and by so doing, pursuant to 10 CFR Section 2.202(a)(3), the licensees will not have a right to request a hearing on all or any part of the Order. However,I understand that this waiver of a right to a hearing is limited to the specific language of the Order and not to any future right to a hearing, or to any other legal process, that the licensees might have concerning any other order, issuance or determination by the NRC, including, for example, any NRC determination that good cause has not been shown for the relaxation or rescission of the Order.

Additionally, consistent with the confirmatory order issued to the Washington Public Power Supply System Nuclear Project No. 2 on March 25,1998, and based on Toledo Edison's discussions with the NRC staff on May 11,1998, I understand that the DBNPS Order'will 4

' expressly provide that "The Director, Office of Nuclear Reactof Regulation, may relax or rescind,

. . ' Docket Number 50-346 License Number NPF-3 Serial Number 2537

' Page 3 -

in Nriting,'any provisions of this Confirmatory Order upon a showing by the licensees of good cause." As discussed in the May 8,1998 conference call, Toledo Edison's plans require completion of design and fire endurance testing for a 1-hour "large box" fire barrier configuration.

Inclusion of the above provision would allow somejustifiable schedule revision in the unlikely event that the fire test should fail, thereby requiring extensive redesign efforts, or some other unforeseeable conditions beyond the control of Toledo Edison, including, but not limited to, acts l of God, labor difficulty, unavailability of materials or testing facilities, embargoes, or acts of governmental authorities, including changes in laws, regulations, licenses, or orders.

Toledo Edison has implemented appropriate compensatory measures in affected plant areas.

These compensatory measures will remain in effect until completion of the Thermo-Lag 330-1 resolution activities in each affected area. These compensatory measures are in addition to the l existing fire detection and suppression systems installed at the DBNPS, the onsite fire brigade, and the combustible materials controls program, which together ensure the public's health and safety is being safeguarded.

Should you have any questions or require additional information, please contact Mr. James L. Freels, Manager - Regulatory Affairs, at (419) 321-8466.

Very truly yours, MKUlaj Enclosure cc: A. B, Beach, Regional Administrator, NRC Region III S. J. Campbell, NRC Region III, DB-1 Senior Resident Inspector S. J. Collins, NRC Director, Office of Nuclear Reactor Regulation l

A. G. Hansen, NRC/NRR Project Manager Utility Radiological Safety Board l

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